Account Recovery

MAY 6, 2024

A bill has been introduced in the House of Representatives to amend the Fair Debt Collection Practices Act in order to include additional information when sending the validation notice while also expanding the requirements before filing collection lawsuits. What It Is: H.R.

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Fair Debt Collection Collections 248

Account Recovery

FEBRUARY 23, 2022

A bill has been introduced in Congress that would expand the Fair Debt Collection Practices Act to cover small business debts in order to protect those companies from “harassment” by third-party debt collectors, according to the bill’s sponsor.

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Third-party Debt Collectors Fair Debt Collection Debt collector Collections 246

Credit Management Company

FEBRUARY 23, 2021

Now, there are additional steps you must add to your debt collection practices. Late last year, the Consumer Financial Protection Bureau (CFPB) announced the Final Rule that debt collectors must follow under the Fair Debt Collection Practices Act (FDCPA).

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Troutman Sanders

SEPTEMBER 18, 2023

The class action complaint alleged that the defendant violated California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA) and several other state consumer protection statutes. The plaintiff filed a class action lawsuit on behalf of himself and similarly situated consumers.

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Account Recovery

AUGUST 26, 2024

A District Court judge in California has denied a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act and Rosenthal Fair Debt Collection Practices Act case, ruling that the debt buyer defendant had the right to control the actions of the collection law firm defendant and can be held vicariously liable under the RFDCPA, (..)

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Burr Forman

SEPTEMBER 3, 2021

The Seventh Circuit reasoned Plaintiff’s lack of Article III standing with respect to her claims brought pursuant to the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § § 1692 et seq. Kross, Lieberman & Stone, Inc. , 19-1400, 2021 WL 3877930 (7th Cir.

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Account Recovery

APRIL 23, 2021

The House of Representatives has passed a bill aimed at amending the Fair Debt Collection Practices Act to provide additional protections to servicemembers. 1491, the Fair Debt Collection Practices for Servicemembers Act, was introduced in March by Rep, Madeleine Dean [D-Penn.]. The bill, H.R.

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Fair Debt Collection Collections 246

Account Recovery

AUGUST 13, 2024

A District Court judge in Illinois has dismissed the remaining claim in a Fair Debt Collection Practices Act case against a defendant, citing a lack of subject matter jurisdiction because the plaintiff lacked standing to sue.

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Account Recovery

AUGUST 12, 2024

In a case that was defended by Jeff Turner and David Shaver at Surdyk Dowd & Turner, a District Court judge in Michigan has granted a defendant’s motion for summary judgment after it was accused of violating the Fair Debt Collection Practices Act because it did not specify whether interest was accruing on the debts […]

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Account Recovery

JANUARY 12, 2024

A District Court judge in Ohio has dismissed a Fair Debt Collection Practices Act case because the plaintiff lacked standing to sue, even though he did allege some claims that have been considered sufficient for standing in the past (at least to my non-lawyer eyes).

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Account Recovery

AUGUST 7, 2024

A District Court judge in Nevada has granted partial summary judgment to both the plaintiff and the defendant in a Fair Debt Collection Practices Act case, ruling that while the defendant’s actions in obtaining a default judgment were improper, the subsequent attempts to collect the debt were permissible under the law.

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Judgment Fair Debt Collection Collections 130

Consumer Finance

OCTOBER 29, 2020

On October 30, 2020, the Consumer Financial Protection Bureau issued a final rule to restate and clarify prohibitions on harassment and abuse, false or misleading representations, and unfair practices by debt collectors when collecting consumer debt.

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Fair Debt Collection Debt collector Collections 100

Account Recovery

AUGUST 5, 2024

Another favorable ruling for the industry in the area of disputes that aren’t actually disputes, and another notch in the belt of why recording calls is good for collection operations … A District Court judge in Oklahoma has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case on the grounds that […] (..)

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Public Citizen

DECEMBER 18, 2020

The Consumer Financial Protection Bureau today issued a final rule implementing the Fair Debt Collection Practices Act. All the materials can be found here.

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Fair Debt Collection Collections 40

Account Recovery

AUGUST 1, 2024

A District Court judge in Nevada has blocked the Federal Trade Commission’s attempt to use the Fair Debt Collection Practices Act to collect on a judgment against a defendant in an enforcement action, who was found liable by a judge back in 2013 for $1.5 The Background: Back in 2011, the FTC accused a […]

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Judgment Fair Debt Collection Collections Trade 130

Account Recovery

JULY 31, 2024

A District Court judge in New Jersey has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act class-action lawsuit, but not on the merits as the defendant had sought. Instead, the judge ruled the plaintiff lacked standing to pursue his suit and dismissed the case.

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Fair Debt Collection Collections 130

Account Recovery

AUGUST 2, 2024

A District Court judge in Connecticut has denied a defendant’s motion to compel arbitration in a Fair Debt Collection Practices Act class-action lawsuit, ruling the defendant — a debt buyer that purchased the account from the original creditor — did not have specific documentation reflecting the assignment of the plaintiff’s (..)

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Account Recovery

DECEMBER 29, 2023

A California state Appeals Court has reversed a lower court’s decision awarding more than $20,000 in attorney fees to the plaintiff in a Rosenthal Fair Debt Collection Practices Act case, concluding that the defendant did not receive enough notice and opportunity to be heard before the fee was awarded sua sponte as a discovery sanction. […] (..)

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Fair Debt Collection Collections 130

Account Recovery

JULY 29, 2024

A District Court judge in Washington has denied a defendant’s motion for summary judgment and granted the plaintiff’s motion in a Fair Debt Collection Practices Act case revolving around the alleged expiration of a judgment. The Background: The defendant was assigned an account back in 2011.

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Judgment Fair Debt Collection Collections 130

Account Recovery

JULY 25, 2024

A District Court judge in Michigan is questioning the “aggressive” defense that has been mounted in a Fair Debt Collection Practices Act case, denying a motion to dismiss for the third time after the defendant accused the plaintiff of lying to prove he had standing to pursue his claim.

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Fair Debt Collection Collections 130

Account Recovery

JULY 23, 2024

In a case that was defended by Xerxes Martin and Jacob Bach at Martin Golden Lyons Watts Morgan, a District Court judge in Maryland has granted a defendant’s motion to dismiss a Fair Credit Reporting Act and Fair Debt Collection Practices Act case for lack of personal jurisdiction.

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Fair Debt Collection Collections 130

Collection Industry News

NOVEMBER 6, 2020

On October 30, 2020, the Consumer Financial Protection Bureau (“CFPB”) published a long-awaited final rule revising Regulation F, which implements the Fair Debt Collection Practices Act (“FDCPA”) of 1977. Prior to the formation of the CFPB, there was no regulatory body with rulemaking authority over debt collection practices.

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Account Recovery

JUNE 25, 2024

The Superior Court of New Jersey Appellate Division has reversed a previous dismissal of a class-action Fair Debt Collections Practices Act claim that accused the defendant used misleading debt-collection form letters, which threatened negative credit reporting despite the debts already being reported.

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Fair Debt Collection Collections 147

Account Recovery

OCTOBER 19, 2023

A District Court judge in Kentucky has granted a defendant’s motion for summary judgment and denied a plaintiff’s motion for the same in a Fair Debt Collection Practices Act case that centers around the Date of First Delinquency and its materiality in inducing the plaintiff to pay off the debt in question.

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Fair Debt Collection Judgment Collections 246

Account Recovery

AUGUST 10, 2022

A California Appeals Court has affirmed the denial of an anti-SLAPP motion filed by a defendant being sued for violating the Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collection Practices Act for allegedly making false representations in an underlying collection lawsuit.

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Fair Debt Collection Collections 245

Account Recovery

JUNE 28, 2024

On remand from the Court of Appeals for the Third Circuit, a District Court judge in New Jersey has granted a defendant’s motion to compel arbitration after it was accused of violating the Fair Debt Collection Practices Act, The Background: The case arose from the defendant’s collection letters, which the plaintiff claimed were misleading (..)

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Account Recovery

JULY 24, 2024

A District Court judge in Florida has denied competing motions for summary judgment in a Fair Debt Collection Practices Act case, in a case that hinges on whether a consumer saying, “Okay. Well, thank you for your assistance then. That’s all I really needed for now.

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Judgment Fair Debt Collection Collections 130

Account Recovery

JUNE 20, 2024

When you are being sought after for a number of unpaid debts, it can be difficult to keep track of your activities. That seems to be the case in this Fair Debt Collection Practices Act lawsuit, in which a District Court judge in Washington has granted a defendant’s motion for summary judgment because it appears […]

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Account Recovery

JUNE 17, 2024

A District Court judge in Arizona has granted a motion to dismiss filed by the defendants in a Fair Debt Collection Practices Act case, ruling that the plaintiff already had one kick at the can in a nearly identical lawsuit against the defendants and thus can’t be allowed a second kick.

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Lawyers Fair Debt Collection Collections 147

Account Recovery

MARCH 24, 2021

A bill has been introduced in the House of Representatives that would amend the Fair Debt Collection Practices Act to prohibit the collection of any debt for which the statute of limitations has expired. The text of the bill, H.R.2135,

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Fair Debt Collection Collections 204

Account Recovery

AUGUST 24, 2022

A California Appeals Court has overturned a summary judgment ruling in favor of a collector that was sued for violating the Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collection Practices Act by stapling a note to a court-provided summons, … The post Calif.

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Fair Debt Collection Judgment Collections 237

Account Recovery

JULY 16, 2024

A District Court judge in Alabama has denied a defendant’s motion for summary judgment in a Fair Credit Reporting Act and Fair Debt Collection Practices Act case, ruling the defendant did not do enough to determine whether the debt in question was validly due and owing after the plaintiff filed a dispute.

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Account Recovery

JULY 15, 2024

The Court of Appeals for the Seventh Circuit has upheld rulings in favor of the defendants who were sued by a consumer for allegedly violating the Fair Credit Reporting Act and the Fair Debt Collection Practices Act when they reported a loan as delinquent after it had been cured during the bankruptcy process, ruling that […]

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Account Recovery

JULY 22, 2024

A District Court judge in Pennsylvania has “resoundingly” granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act class action lawsuit, ruling that the “dubious and illogical legal” theories proposed by the plaintiff The Background: Back in 2023, the plaintiff was sued for an unpaid debt.

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Fair Debt Collection Collections 130

Account Recovery

JUNE 14, 2024

A District Court judge in Louisiana has granted class certification in a lawsuit involving alleged violations of the Fair Debt Collection Practices Act. The case centers on attempts to recover overpayments from a grant program established to aid homeowners affected by Hurricanes Katrina and Rita.

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Fair Debt Collection Collections 147

Account Recovery

JULY 17, 2024

A Magistrate Court judge in New York has denied a plaintiff’s attorney’s motion to withdraw as counsel in a Fair Debt Collection Practices Act lawsuit and granted a motion from the defendant for fees and costs, ordering the plaintiff’s attorney to pay $4,358.93 The Background: Back […]

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Fair Debt Collection Collections 130

Consumer Finance Watch

DECEMBER 29, 2020

On December 18, 2020, the Consumer Financial Protection Bureau (“CFPB”) issued a final rule concerning debt collection disclosures, which follows its October 30, 2020 final rule regarding debt collection communications. The latest final rule outlines various requirements regarding debt collection disclosures.

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